The exemptions granted
Subsection 4(1) provides exemptions from the following Part 101 provisions:
- Regulation 101.073 (BVLOS operations)
- Regulation 101.095 (weather and day-only limitations)
- Regulation 101.245 (operations near people)
- Regulation 101.250 (very small or small RPAs operating near populous areas)
- Regulation 101.280 (operations over a populous area)
- Paragraph 101.300(4)(b) (certain remote pilot licence conditions)
- Subregulation 101.300(6), but only in respect of paragraph 101.300(4)(b) (offence provisions relating to licence conditions)
These exemptions are not self-executing. They are subject to compliance with every condition in Schedule 1. If any condition is not met, the exemption does not apply to that operation, and the operator and remote pilot are exposed to the underlying Part 101 obligations and any applicable offences.
Schedule 1 conditions
Schedule 1 contains 11 substantive clauses imposing mandatory conditions.
Documented practices and procedures (clause 2)
The RPA operator must not conduct an emergency service RPA operation unless CASA has approved its documented practices and procedures. The documented practices and procedures must include: a schedule of relevant RPAs with make, model, configuration and gross weight; equipment specifications and procedures for detecting crewed aircraft within 5 nautical miles and evading them; procedures for traffic coordination if operating around crewed aircraft; remote operating centre requirements and procedures; BVLOS operating procedures addressing the specific operating area, flight planning, operational area assessment, populous area operations, criteria for controlled ground areas, normal and abnormal procedures including navigation, night operations, non-VMC operations and ground observation; training and testing procedures; record retention procedures; risk assessment procedures; minimum deployment requirements for each RPA type; and a copy of the exemption instrument.
All relevant operations must be conducted in accordance with the approved documented practices and procedures. In the event of conflict, the instrument prevails.
Altitude limits (clause 3)
For visual line of sight operations, the limit is 400 ft AGL. For BVLOS operations, the limit is 300 ft AGL during the day and 400 ft AGL at night.
Speed limits (clause 4)
The RPA operator must ensure that each RPA is configured not to exceed the speed specified in Table 4: Type A and Type B RPAs are limited to 25 m/sec; Type C to 18.75 m/sec; Types D, E and F to 35 m/sec.
Operating area density restrictions (clause 5)
Clause 5 and Table 5 impose a graduated system of restrictions based on population density of the operating area. The table describes five categories of operating area, from controlled ground areas and evacuated areas (Item 1, all RPA types permitted) through to urban areas (Item 5, where only Type A RPAs may be used without additional conditions, and Type B and C RPAs are subject to stringent requirements including High M2 approved parachute recovery systems for BVLOS operations, and Medium M2 systems plus visual observers for visual line of sight operations).
Approved parachute recovery systems (clause 6)
Certain RPAs must be fitted with specific approved parachute recovery systems. For example, a Type B RPA that is a DJI Mavic must use the applicable ParaZero SafeAir system; a Type C RPA that is a DJI M30/T must use an AVSS PRS-M30; a Type D RPA that is a DJI Matrice 300 RTK must use a specified ParaZero SafeAir system. These systems must have the Medium M2 or High M2 approval required by Table 5 for the relevant operating area. Other CASA-approved systems may be used if approved in writing or by publication.
Geofencing and independent flight termination (clause 7)
All relevant RPAs other than Type A must have an electronic geofence in place restricting them from exiting the operational area. Type B, C and D RPAs must not be operated within 1 km of an event or gathering with more than 40,000 people unless fitted with an independent flight termination system. Type F RPAs must have such a system by definition.
Safe separation from people (clause 8)
A relevant RPA other than Type A must not be operated within 15 m of a person unless the person has consented, or the RPA has no exposed rotors and is travelling at a speed the remote pilot reasonably considers low enough to minimise impact injuries, or the person is shielded.
Overflight of gatherings is prohibited for relevant RPAs other than Type A, or Type B or C RPAs fitted with a High M2 approved parachute recovery system.
Overflight of crowds at major gatherings or organised events is prohibited for relevant RPAs other than Type A, or Type B RPAs fitted with a High M2 approved parachute recovery system. Where a Type A RPA or a Type B RPA with a High M2 system is operated over such a crowd, the remote pilot must, as far as practicable, avoid sustained overflight.
Overflight of moving vehicles is prohibited except for Type A or Type B RPAs, or Type C RPAs operating in a controlled ground area where the remote pilot reasonably considers it necessary in the context of the emergency operation.
Airspace and traffic risk management (clause 9)
BVLOS operations are prohibited within 5 nautical miles of a controlled aerodrome, within 5 nautical miles of a non-controlled aerodrome during a relevant event, or within the no-fly area of a non-controlled aerodrome unless specific requirements are met. Those requirements include: prior permission from the aerodrome operator with confirmation of no expected aircraft movements; visual confirmation of no crewed aircraft in the vicinity; night operations with ADS-B monitoring within 10 nautical miles; or maintaining separation of 1,000 ft vertically or 1,500 m horizontally (or as coordinated with the aerodrome operator).
BVLOS operations in the vicinity of published VFR routes near aerodromes in areas where crewed aircraft movements below 500 ft AGL are expected are prohibited unless a NOTAM has been published.
BVLOS operations above 200 ft AGL are prohibited unless the operator is monitoring ADS-B and aeronautical radio, and in non-controlled airspace the remote pilot makes radio broadcasts of the RPA position on launch and at any other time considered necessary.
Data collection and reporting (clause 10)
The RPA operator must retain records of flight logs, telemetry data, remote pilot training records, maintenance details, incident and accident reports, parachute deployments, deviations from documented practices and procedures, and NOTAMs published in respect of operations.
A written report must be provided to CASA within 24 hours of any serious incident or accident involving damage to property or a person.
The operator must submit written reports to CASA at intervals of no more than three months, covering total flights, incidents, parachute deployments, and deviations from documented practices and procedures. These reports must continue until three months after the exemptions cease.
Records must be made available for CASA inspection on request.
CASA observers (clause 11)
On written request by an Executive Manager of CASA, an RPA operator that has used or intends to use the instrument must make arrangements for a CASA officer to observe a relevant operation at CASA expense.